- 1 - HC-KAR NC: 2025:KHC:39139 RSA No. 453 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 453 OF 2018 (INJ-) BETWEEN: 1. SRI SHEENA POOJARY AGED ABOUT 64 YEARS S/O LATE MONAPPA POOJARY, POST:BEYANDIKODI, IRUVAIL VILLAGE-574 144 MANGALORE TALUK, D.K. …APPELLANT (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. SRI PADMANABHA AGED ABOUT 49 YEARS 2. SRI.ANANDA AGED ABOUT 44 YEARS BOTH ARE RESIDING AT KANADRA KODI, POST:IRUVAIL VILLAGE 574 144 MANGALORE TALUK, D.K. 3. SMT.SUNANDA AGED ABOUT 46 YEARS W/O LATE MARAPPA, 4. SMT POOJA AGED ABOUT 28 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39139 RSA No. 453 of 2018 D/O LATE MARAPPA, NO.3 AND 4 ARE R/AT NEKKAILADI HOUSE, KALLAMUNDKUR VILLAGE, POST BANANGADI-574 227 MANGALORE TALUK, D.K. 5. THE DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT, MANGALORE - 575 001 …RESPONDENTS (BY SRI. DHANANJAY KUMAR ., ADVOCATE FOR R1 AND R2 SMT.CHANDINI S., HCGP FOR R5 R3 AND R4 ARE SERVED AND UNREPRESENTED R5 IMPLEADED VIDE ORDER DATED 16.04.2019) THIS RSA FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.11.2017 PASSED IN R.A.NO.132/2015 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, MANAGALURU.D.K, (ITINERARY AT MOODABIDRI), ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 10.03.2008 PASSED IN OS.NO. 65/2004 ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC, MOODBIDRI. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2025:KHC:39139 RSA No. 453 of 2018 ORAL JUDGMENT Learned counsel for the appellant has filed a memo for withdrawal of this appeal. 2. The memo is taken on record. 3. This Regular Second Appeal is dismissed as withdrawn. Sd/- (DR.K.MANMADHA RAO) JUDGE GSR List No.: 1 Sl No.: 41